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Monday, April 22, 2013

First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the
spouses might accumulate one or more criminal proceedings in a local criminal
Court, one or more family offense cases in Family Court, and a
divorce proceeding in Supreme Court. In the past, different judges would
have been assigned to each of those proceedings, requiring court
appearances in three different courthouses, sometimes resulting in
conflicting decisions between the various judges. Now, one judge presides
over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had
their legal matters resolved in IDV Courts. That number will continue to
grow. IDV Courts look like they will be around for a while.

If
you have been charged with any type of theft related crime, hiring an experienced criminal defense attorney is essential for a successful
outcome. J.John Sebastian defends clients who have been charged with:

The consequences of suffering a
theft conviction can stay with you for life. Some theft related crimes
can be predicate offenses meaning a conviction can cause future felony
sentences to be enhanced for future felony convictions.

Many
alternatives exist for people charged with theft crimes, which may
prevent them from suffering convictions or serving any jail time. For
those charged with a more serious theft related charge, it may be
possible to convince the District Attorney to reduce the charges to less
serious ones. Only an experienced criminal attorney can accurately
assess your case and advise you what options exist. Call the Law Office of J. John Sebastian today for a free consultation.

In our series
highlighting local criminal courts, we focus on West Seneca Town Court
The West Seneca Town Court has jurisdiction over both civil and
criminal cases originating within the Town of West Seneca . In the
category of criminal law, the West Seneca Town Court part hears
misdemeanors and pre-indictment felonies, including drug possession,
unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI,
criminal possession of a weapon, assault, and other cases. West Seneca Town Court also hears Vehicle and Traffic offenses
such as violations of VTL 511 (Aggravated Unlicensed Operation of a
Motor Vehicle) and the Traffic part hears traffic cases such as
speeding, red light and stop sign violations.West Seneca Town Court
1250 Union Road
West Seneca, NY 14224-2917

Thursday, April 4, 2013

Club drugs” are known as the main drugs that are found in late-night
Buffalo area clubs and bars. These powerful drugs contain mixtures of
chemicals that are unregulated by the government and therefore lack
quality. These drugs can lead to overdoses, or even death. Legally
speaking, drugs such as LSD, MDMA (ecstasy), GHB, Ketamine (Special K),
Rohypnol (Rophies), and Methamphetamine (speed), all carry grave
consequences if you are arrested for possessing or selling them.
I just have a few pills—that can’t get me into trouble!Think again. Just possessing one
tablet of speed or special K or ectasy can get you charged with
Criminal Possession of a Controlled Substance, a misdemeanor that can
land you in jail. Even trying to sell or trade a single tablet of
ecstasy could get you a felony. Possession of club drugs can cost you
thousands in court fines and years in jail time—they are very serious.I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for possession
of one of the many club drugs, there might be an option of attending a
drug court. This option may only be available for first-time offenders
and those possessing only a small quantitiesof the drug. It is
important to work with a criminal defense lawyer that can help determine
whether you would be eligible for this alternative.Do I really need to get a lawyer? Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.
As with any arrest, having experienced legal representation can make
a huge difference as to your sentence is and whether you even need to
go to trial. .
Need help? Have questions? Call J John Sebastian Attorney at Law today. http://buffalocriminalattorney.iconosites.com/

First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the
spouses might accumulate one or more criminal proceedings in a local criminal
Court, one or more family offense cases in Family Court, and a
divorce proceeding in Supreme Court. In the past, different judges would
have been assigned to each of those proceedings, requiring court
appearances in three different courthouses, sometimes resulting in
conflicting decisions between the various judges. Now, one judge presides
over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had
their legal matters resolved in IDV Courts. That number will continue to
grow. IDV Courts look like they will be around for a while.

Most , property owners, including entities such as
the city and state, are responsible for injuries that occur as a result
of a dangerous or hazardous condition that exists on their property, which the owner
either knew or should have known about. The hazard can be obvious (such
as ice on steps) or hidden (such as a hole in a lawn that is partially
covered by grass). In some cases it may not be apparent, as in
flooring that appears normal but is very waxy and slippery. The dangerous condition
could be permanent, such as broken concrete
or temporary, such as a slippery spill in a market aisle.
Legally a property owner will be considered to have knowledge of a
dangerous or hazardous condition if it is permanent in nature, because
the owner knew, or should have known, about the condition before the
incident occurs.
In the case of temporary conditions , the length
of time that the condition exists prior to the incident occurred is
important. If the spill occurred just before the incident, the
property owner may not be liable to the plaintiff, because the owner could not
have known about the spill (and would not have been able to do anything
about it) before the injury occurred. If, the spill however, was
present for some time before the incident, or occurred in an area
subject to liquid spills, or is a recurring event in the area, the owner
may be liable, even if he or she did not know about this particular
spill.

Buffalo Area Truck Driver's Attorney

Trucker tickets,unlike ordinary
traffic tickets, are criminal misdemeanors . Trucker ticket attorney J
John Sebastian is dedicated to the legal assistance of truckers, truck
companies and companies who truck goods anywhere in the Buffalo New
York Area.

Under
New York Law Corporations Must Be Represented By a Lawyer and a Failure
To Appear Could Lead to Criminal Convictions and Fines.

Your time is better spent running
your business anyway.J John Sebastian will represent your company when a
police officer issues a ticket to your business. Our attorneys can
often appear in court without the driver or a company representative.Contact J John Sebastian if you or your drivers receive a ticket for any of the following violations:

Monday, April 1, 2013

When
people think about t shoplifting, they might picture a person
hiding goods in his or her clothes and then leaving the store
without paying. While this is definitely a typical shoplifting scenario,
it's not the only one.
Scenarios where people get arrested for shoplifting, may include

Placing
merchandise in a "booster bag" (a bag lined with aluminum foil,
designed to conceal detection of merchandise from electronic security
monitors)

Removing Sensormatic and other anti-theft tags from store's merchandise

Concealment, concealing merchandise on the way out of the store with it

Tag switching:

Coordinating theft with a store worker who doesn't ring up all the merchandise

Group
shoplifting where, one member of the group creates a distraction that provides another member with the opportunity to shoplift

Shoplifting supposedly costs
retailers tens of billions of dollars per year in the United States.
This is one reason why shoplifting charges are prosecuted firmly seriously by the
courts. Penalties for conviction can vary depending on yourrecord, the type of charge, and the value of goods allegedly
stolen. However, with a skilled shoplifting defense lawyer on your side, there is hope to successfully resolve your legal matter.

In our series
highlighting local criminal courts, we focus on Clarnece Town Court
The Clarnece Town Court has jurisdiction over both civil and
criminal cases originating within the Town of Clarnece . In the
category of criminal law, the Claernce Town Court part hears
misdemeanors and pre-indictment felonies, including drug possession,
unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI,
criminal possession of a weapon, assault, and other cases.

Clarnece Town Court also hears Vehicle and Traffic offenses
such as violations of VTL 511 (Aggravated Unlicensed Operation of a
Motor Vehicle) and the Traffic part hears traffic cases such as
speeding, red light and stop sign violations.

First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the
spouses might accumulate one or more criminal proceedings in a local criminal
Court, one or more family offense cases in Family Court, and a
divorce proceeding in Supreme Court. In the past, different judges would
have been assigned to each of those proceedings, requiring court
appearances in three different courthouses, sometimes resulting in
conflicting decisions between the various judges. Now, one judge presides
over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had
their legal matters resolved in IDV Courts. That number will continue to
grow. IDV Courts look like they will be around for a while.

At your arraignment for DWI, the Court may suspend your license
or privilege to drive in New York State pending prosecution for
the charges, if there is evidence you were driving with a blood
alcohol content (BAC) of .08% or higher. You are eligible to apply
for a Conditional License after 30 days of Suspension Pending Prosecution.
Under certain circumstances the Judge may suspend your license
or driving privileges as a matter of discretion pursuant to New
York State Vehicle and Traffic Law Section 510.3. In this case,
you are not eligible for a conditional license.

If you have pleaded guilty to a crime or have
been convicted after a trial in the Buffalo area,. and your punishment
is not imprisonment or jail, it will most likely be probation

Although there are many requirements and rules to follow, you are at liberty.
Hiring an experienced Buffalo area probation attorney is you next step.

When
a you are sentenced to probation, the requirements and rules you must abide by are strictly enforced. You must comply with
each term of probation even if it is difficult. Some might be that you report to your probation officer at
certain times, you abide by a curfew and that you do not get
re-arrested.

Failure to stick to these requirements may result in a
violation of probation being filed against you. That, could possibly result in a term of
imprisonment – something you avoided when you were sentenced
to probation instead of jail. Additionally, the original crime that you
pleaded to and received the more lenient sentence of probation could be
reinstated.

If you violate your terms of probation it is imperative to retain skilled Buffalo Area criminal defense lawyer
immediately. An experienced criminal defense and probation violation
attorney in The Buffalo Area, may be able to work out a deal with the
court and the prosecutor where you remain free and your livelihood and liberty is kept intact.Contact
the Law Offices of J John Sebastian Attorney at Law
today if you think you have violated terms of your probation.

In Western New york, the various Offices of the District Attorney take Stalking charges very seriously.
There are four different types of Stalking ranging from Misdemeanor charges to 2 Felony
charges. The first Misdemeanor Stalking charge is Stalking in the
fourth degree, which is a B Misdemeanor, and the highest is Stalking in
the first degree, which is a class D Felony. The basic concept of Stalking is
that the accused places the victim in fear for her safety by
showing up or following or initiating contact through some
type of communication or starting another type of communication after
the victim has requested for all communication toend.
After the Alleged stalker is told to stop this conduct, the law uses a "reasonable
person" standard to determine whether any further contact would place a
person in fear for his safety. If the answer is "yes," (a reasonable
person would be in fear) than the Stalking Law has been violated.
Any
Buffalo area Stalking attorney will tell you the Offices of the
District
Attorney in Erie County are more sensitive to Stalking cases because
they
have potential to lead to more serious crimes and more serious criminal
charges. Stalking cases have turned into assault, sex crimes, rapes,
kidnapping, robbery and even murder. That's why the Courts, after an
arrest on a Stalking charge, generally issue an Order of Protection. The
purpose is to stop all contact and communication between parties and
by stopping the contact, it stops the criminal behavior from
escalating to one of the more serious crimes. Defending Stalking cases
focuses the defense on the mind set of the parties. Was it reasonable
for the alleged victim to fear for his or her safety and well-being? Was
there a legitimate purpose for the alleged perpetrator to be
interacting with the alleged victim? Remember the legal standard is that
the District Attorney has to prove guilt is beyond a reasonable doubt.
The burden of proof is on the District Attorney not the Buffalo Area Stalking Defense Attorney.
Very often these cases do not involve witnesses. Therefore, the
Stalking case is a "he said, she said' and the case will be a battle of
credibility between the parties.

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“Club drugs” are known as the main drugs that are found in late-night
Buffalo area clubs and bars. These powerful drugs contain mixtures of
chemicals that are unregulated by the government and therefore lack
quality. These drugs can lead to
overdoses, or even death. Legally speaking, drugs such as LSD, MDMA
(ecstasy), GHB, Ketamine (Special K), Rohypnol (Rophies), and
Methamphetamine (speed), all carry grave consequences if you are
arrested for possessing or selling them.

I just have a few pills—that can’t get me into trouble!Think again. Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance,
a misdemeanor that can land you in jail. Even trying to sell or trade a
single tablet of ecstasy could get you a felony.
Possession of club drugs can cost you thousands in court fines and years
in jail time—they are very serious.

I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for
possession of one of the many club drugs, there might be an option of
attending a drug court. This option may only be available for
first-time offenders and those possessing only a small quantitiesof the
drug. It is important to work with a criminal defense lawyer that can
help determine whether you would be eligible for this alternative.

Do I really need to get a lawyer?
Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.

As with any arrest, having experienced legal representation can make a
huge difference as to your sentence is and whether you even need to
go to trial. .